Who wants to meet their child in the lobby of a hotel? Please look at the time stamp on the story to see when it was last updated. A couple in California is suing a fertility center in Los Angeles after they say they were forced to go to court to get custody of their baby from a woman across the country who had given birth to him unwittingly as a result of the facility's error. In October 2018, they undertook a new IVF cycle, which involved hormones for Anni that caused her to develop precancerous cells in her uterus, the lawsuit claims. LOS ANGELES - A male same-sex couple is suing a Pasadena in-vitro fertilization clinic, alleging their hopes of having a son were stymied when a female embryo was wrongly . My husband and I struggled with unknown fertility issues before our first consult. These employment provisions are usually covered in federal employment laws such as the Pregnancy Discrimination Act, the Family, and Medical Leave Act, or the Americans with Disabilities Act. . On information and belief, Defendants also do not know whose embryos they transferred to Anni," court papers said. NATIONAL WAVE OF FERTILITY FRAUD: CASE FILED AGAINST CA DOCTOR SEEN AS FIRST OF HUNDREDS TO BE EXPOSED BY HOME DNA TESTS. Besides an embryology lab, the 8,000-square-foot practice at 550 Lakeside Drive offers. 80 Grand Avenue 3rd Floor Oakland, CA 94612 Monday - Friday: 7:30AM-4PM _____ DANVILLE. It quickly became the premier fertility platform in Northern California, and one of the country . San Francisco, CA 94105, Entrance off Beale Street, orange elevators, Monday: 7:30AM4PM 4 had lost liquid nitrogen for a brief period, which may have resulted in the loss of some eggs. Related Article: Medical Malpractice Lawsuits. I highly recommend coming here--you will be well taken care of and they really look out for their patients. failure. He said that doctors adopted the test because patients dont want to be told they have unexplained infertility when they ask for a reason as to why their I.V.F. In a markedly different. During the 70s and 80s, fertility clinic doctor Donald Cline fathered more than 50 children by using his own sperm on unwitting patients, according to The Atlantic [5]. The lawsuits, filed throughout February and early March 2021 in Illinois, New York, Maryland and California, allege negligence on part of US Fertility is to blame for a cybersecurity incident in which an unauthorized actor was able to gain access to the computer network housing the information of patients and prospective patients of the defendants nationwide network of reproduction and fertility clinics. ClassAction.org is a group of online professionals (designers, developers and writers) with years of experience in the legal industry. (This may not be the same place you live). Anni and Ashot Manukyan were married in 2007, according to the legal filing. Some unscrupulous fertility doctors thought that they could get away with it without being caught. Free Case Evaluation: Again, if you or a loved one received the wrong egg from a fertility clinic, or sperm that came from the wrong donor, you should contact our law firm immediately. In reality, the existing body of data shows mixed results about the tests effectiveness. The patients each had one embryo transferred; half used the test and the other half did not. Easily apply. Oakland, CA 94612 Anni Manukyan said Wednesday she still has no idea if she has another baby elsewhere as a result of the mix up. Or, one case might involve the negligent care of a nurse. According to the suit, proposed class members privacy rights were disregarded by US Fertilitys reckless and/or negligent failure to properly safeguard their data, as well as timely disclose the incident and the material fact that it did not have strong enough computer systems to protect patient information. The first resulted in a daughter; the second failed. He called the circumstances surrounding the swirl of legal claims unprecedented., Fighting back tears, the Manukyans spoke for the first time publicly about their ordeal during a Wednesday afternoon news conference. ", "CHA wanted to obtain their DNA -- under false pretenses -- so that CHA could determine covertly whether a child, born on March 11, 2019 to a New York couple as one of two twins, might actually be Anni's and Ashot's child," said a news release posted to their lawyer's website. I.V.F. Our website uses Cookies. Daughter Learned Her Biological Father Was Her Mothers Fertility Doctor by Taking 23andMe Home DNA Test Kit; Law Firm Renews Call for Crackdown to End Wild West Days of U.S. When they returned last year to try for a pregnancy, one of the embryos took. We apologize for any inconvenience. "This case is one of the most egregious I have ever seen. Our lawyers and attorneys also focus on handling lawsuits in the following cities: New York, Los Angeles, Chicago, Houston, Phoenix, Philadelphia, San Antonio, San Diego, Dallas, San Jose City, Detroit, Jacksonville, Indianapolis, San Francisco, Columbus, Austin, Memphis, Fort Worth, Baltimore, Charlotte, Boston, Seattle, Washington, Milwaukee, Denver, Louisville, Las Vegas, Nashville, Oklahoma City, Portland, Tucson, Albuquerque, Atlanta, Long Beach, Fresno, Sacramento, Mesa, Kansas City, Cleveland, Virginia Beach, Omaha, Miami, Oakland, Tulsa, Honolulu, Minneapolis, Colorado Springs, Arlington and Wichita. If you or your family have been the victim of a reckless or negligent fertility clinic, fertility medical center, or fertility doctor, please Contact the Fertility Lawyers at Peiffer Wolf Carr Kane & Conway for aFREE Consultationby filling out our simple onlineContact Form or by calling415-766-3545. You want control. This was the period when inseminations became more common, but before at-home DNA testing was on the horizon. The error has been corrected. So you start to pull back. A federal jury made the award in a lawsuit filed over the 2018 tank failure at the Pacific Fertility Center in San Francisco that destroyed about 3,500 frozen eggs and embryos. So you start to pull back. In the majority of cases, fertility treatments focus on the woman. Noted in the complaint is that US Fertility markets itself as providing secure data management services for fertility clinics. Anni Manukyan described meeting her child for the first time in the lobby of a hotel as "heartbreaking.". That is why most child victims who discover fertility fraud are 30 years of age or older today. Nathalie Carpenter, the 42-year-old founder of a wellness marketing agency and a community advocate for infertility in Connecticut, received the test ahead of two I.V.F. wanted to keep both babies. The new lawsuit in Los Angeles levels similar accusations as does the federal claim, with the notable addition of an alleged breach of Californias penal code, which makes it unlawful to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova, or embryo providers signature on a written consent form. Violation of the statute is punishable by imprisonment for three to five years, a fine of no more than $50,000 or both. Our locations Upcoming at Spring Mar 02 Throughout the process, the filing asserts, the couple paid more than $120,000 for the clinics services and associated costs. This situation should never happen. and you'll leave understanding more about your AMH + AFC. The United States is in the midst of uncovering thousands of fertility fraud cases, in which IVF/Ob Gyn doctors have abused their position of trust and authority by secretly inserting their own sperm when carrying out fertility treatments. Other accidents and mishaps have plagued fertility clinics around the country in recent years. In court papers, attorneys said the embryos and eggs lost represented the only chance for some of the patients to conceive children. The couple said they spent more than $100,000 on treatment and other expenses at CHA Fertility Center, according to a lawsuit. (866) 588-0600. The outcome could serve as a bellwether not just for the hundreds of other plaintiffs with claims pending against Chart and the fertility clinic but for others whose dreams of becoming parents were dashed by similar errors, they said. Save this computer Now, he has a new philosophy on life. These include dangers to the mother, such as: Risks to infants are generally not as common as those to the mother. The Science Is Unclear. Suite 206 If youre a current patient, please email your care team (. We were helpless. BOOK A CONSULT Suite 200 Stories that brim with optimism. The law also prevents an employer from firing an employee for having an abortion. An experienced personal injury attorney can help you sort all the information needed to file a claim. After second-guessing her own trauma for so . When Rhian Thomas, a 39-year-old television producer in New York, was preparing for her first embryo transfer at the Columbia University Fertility Center, she told Dr. Forman, the centers medical and laboratory director, that she wanted an E.R.A., even though he was skeptical. Similar freezer tanks are used at nearly 500 other fertility clinics across the U.S. Lawsuits have accused staff at the facilities of failing to refill the tanks nitrogen chambers, and clinics for failing to use more sensitive monitoring equipment. Our law firm handles cases throughout the entire United States including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming. There are different IVF laws by state. They can, however, involve the male partner also. Please download the PDF to view it: Download PDF. A jury on Thursday awarded nearly $15 million to five people who lost eggs or embryos when a cryogenic storage tank failed at a fertility clinic. She did so because she wanted to obtain her family medical history (i.e., Greenbergs medical history). We could not sleep, eat or focus. Danville, CA 94526, Monday, Wednesday, Friday: 8AM-5PM The devastating news landed in the inboxes of the fertility clinic patients early one morning in March 2018. Monday Friday: 7:30AM4PM, Salesforce Transit Center I have been hurt by these experiences in ways that haunt me every day, Anni Manukyan said during the news conference. The lawsuit in Los Angeles seeks compensatory and punitive damages. All Rights Reserved. This led to the birth of a daughter. Full-time. This also includes time off for those who wish to become pregnant through Assisted Reproductive Technology treatments. The couple said they believe that in August 2018, however, at least one of Anni Manukyan's embryos was implanted in the New York woman, resulting in the birth of their son. US Fertility faces a class action over a month-long 2020 data breach. The process involves collecting mature eggs from a womans ovaries and fertilizing them with sperm in a lab. Monday Friday: 7:30AM-4PM, 905 San Ramon Valley Blvd March 16, 2018 - A class action lawsuit was filed this week on behalf of patients of the Pacific Fertility Clinic, according to CBS News [8]. We want to make sure that these devastating tragedies never happen again.. She deserves that., While shes still reeling from the lengths it took to gain custody of her child, Manukyan said the family is trying to bond and is taking things day by day., The minute he looked at me and I held him, I never felt like [he wasnt] mine, she said of her son. Spring Fertility 100% strongly recommend 7 Reviews Rated 9.8 9.8 Show 10 more This clinic has 8 offices Visit clinic website Danville 905 San Ramon Valley Blvd Danville, CA 94526 510-470-1835 New York 114 W 41st Street, 2nd Floor New York, NY 10036 415-964-5618 Show 6 more 250 patient reviews Filter by patient information Rating Strongly Recommends He is representing others involved in the case. They learned 10 days after the transfer that Anni wasnt pregnant. In closing arguments during the San Francisco trial, a lawyer for Chart blamed the fertility center for the tank failure. Ask Amy: Im happily married. "Weeks later, Anni and Ashot learned that they had a son, but CHA refused to provide any further information regarding the identity of the New York couple or the whereabouts of their son. Its both irresponsible and unethical for clinics to sell I.V.F. Then their son was born to a stranger across the country, lawsuit claims. This study makes it easier to explain why we do not recommend this test when patients have read positive testimonials online, he said. It was just -- it was heartbreaking, it was terrible," she said. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Its still unclear as to what caused the malfunction, or why nitrogen levels at both the San Francisco and Cleveland fertility clinic failed on the same day. Its really painful to be at a baby shower celebrating someone elses family being built and knowing inside youll never get that, Poynton testified. The lawsuit pins blame for the data breach on US Fertilitys carelessness and inadequate data security, claiming fertility clinic patients have, as a result, lost all sense of privacy. Many proposed class members have suffered irreparable harm and now face an increased risk of identity theft and fraud due to the defendants inadequate and laxed [sic] approach to data security, the complaint alleges. The clinic has not returned several requests made this week. In vitro fertilization, or IVF, is a series of procedures used to help with fertility or prevent genetic problems and assist with the conception of a child, according to the Mayo Clinic [1]. Federal courts have recently held that an employer may not act against an employee who has an in vitro fertilization performed. Monday Friday: 7:30AM4PM, Salesforce Transit Center Accept. It was awful. Representatives from Pacific Fertility Center and Chart didnt immediately respond to messages seeking comment Friday. Theres no system of warnings or disclosures or any other measures to track reproductive facilities or hold the specialists accountable.. Dr. Meyer felt an acute attachment to the embryos, calling each "a spark of life.". From extended hours to accommodate your busy schedule, to comfortable waiting areas and convenient communication, everything that we do at each of our locations is focused on putting patients' needs first, including equipping our lab with the latest advances in reproductive medicine. We were like zombies. She, like others in the lawsuit, was identified only by her initials to protect her privacy. This article was published more than1 year ago. When the couple discovered the error this spring, they said it took an agonizing legal fight the most excruciating period of their lives to reclaim the child. We have always discouraged the E.R.A. The mistake became apparent when neither newborn appeared to be Asian, at odds with the couples ethnicity. They continue to see mental-health professionals. Some scientists have also criticized the studys methodology as flawed. Contact us today for a FREE consultation. "Due to the extreme misconduct of CHA Fertility Center, the number of things that went wrong here is just plain staggering," Wolf said on Wednesday announcing the lawsuit. Amy Zeman and Dena Sharp were co-lead trial counsel for the plaintiffs who received the jury award. Employers are prohibited from discriminating against women who take leave for pregnancy. It doesnt improve the live birthrates for all women, said Dr. Nicole Doyle, the studys lead researcher and a reproductive endocrinologist at Shady Grove. In addition to identifying several glaring weaknesses and the general lack of regulatory oversight of the IVF/fertility centers in the U.S., the Peiffer Wolf report identified the much tougher government standards in the United Kingdom as an excellent model for this nation. This is something that they will live with for the rest of their lives," the lawsuit said. In any event, liability for such injuries will usually be based on a negligence claim (either a form of medical malpractice or products liability). But there is no federal law that prohibits fertility fraud. There is no fee to schedule a consultation with an experienced attorney in your area today. This situation has upended my life and my family and the damage it is doing and the emotional scars that it is creating may never heal. In court papers, the Manukyans said they'd turned to CHA Fertility after researching and deciding to try in vitro fertilization to build their family. In 2019, the firm spearheaded the Peiffer Wolf push for national legislation to rein in the abuses of IVF and fertility clinics. However, according to their court filing, neither embryo was transferred to Anni Manukyan's uterus. The couple spent over $100,000 on medical treatments in the hopes of conceiving with their own DNA, only to learn later -- after the woman had become pregnant -- that the babies she was carrying were from other couples that had used the clinic and not her husband, according to the lawsuit. "CHA put my family through living hell. An authentication code has been sent to you by SMS.. They flew home with him 11 days later. You should also keep records if you have disputes with an employer or insurance company. Ty holds a Professional Writing Degree from Missouri State University with a minor in Economics. Two biopsies and the insertion of a intrauterine device caused extreme physical pain and mental distress, according to the claim. The lawsuits look to represent those whose personal health information was compromised as a result of the ransomware attack that affected US Fertilitys network between August and September 2020. March 16, 2018 - A class action lawsuit was filed this week on behalf of patients of the Pacific Fertility Clinic, according to CBS News [ 8 ]. If youre looking for levity, look no further. & The suits claim the individual behind the ransomware attack had access to patients files for more than a month before the breach was discovered and gained access as a result of the allegedly reckless manner in which US Fertility stored patient data. We are handling individual litigation nationwide and currently accepting new cases in all 50 states. Injuries sustained from infertility treatments are usually traceable to two sources: first, the medical physician who rendered the treatments acted negligently, or the drugs or other medicines were defective products. Redwood City, CA 94063, 80 Grand Avenue 7:30AM 4:30PM. Yes. Learn more about what to expect when it comes to fertility and egg freezing treatments at Spring Fertility. The Shady Grove study offered 767 first-time I.V.F. Suite 200 Suite 222 The couple said they hired lawyers and flew to New York, where they say they learned that Y.Z. Sunnyvale, CA 94085 I hope that no one has to suffer through what my family has been through.. After trying unsuccessfully to have a child, they turned to assisted reproductive technology and enlisted the services of CHA Fertility to complete an embryo transfer in 2011. He said the test had been used tens of thousands of times in the United States since it became available in 2011. She paid Dr. Greenberg to procure the sperm of an anonymous donor to be used to impregnate her in an intrauterine insemination procedure. In most ART cases, the difficulty lies in proving who caused your injuries. The first was filed by the New York woman and her husband, who say they were operating under the false assumption that the embryos were their own. 905 San Ramon Valley Blvd Suite 206 Danville, CA 94526 The Manukyans, who were married in 2007, said that in March 2011, an embryo transfer had resulted in the birth of their daughter. In some cases, age discrimination may also apply. Corrado Rizzi is the Senior Managing Editor of ClassAction.org. The civil claim, filed last week in the Eastern District of New York, alleges medical malpractice, negligence and intentional infliction of emotional distress, among other counts. They didn't learn until the following day, their lawsuit contends, that the cheek swab had established their biological relationship to one of the babies born to the couple in New York, as doctors told them in a meeting at the clinic. Rather than immediately alerting those affected that their sensitive information had been compromised, US Fertility waited more than two months before notifying fertility clinic patients in November 2020 that its systems had been hit by a ransomware attack, the complaint states. He believes add-ons like the E.R.A. We are smart, experienced, and dedicated professionals who work tirelessly for our clients and take pride in the pursuit of justice on their behalf. That same weekend, Pacific Fertility Clinic in San Francisco lost 1,000 embryos after a similar malfunction. She would drive out of her way to pass by the hospital, stopping in . 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Danville, CA 94526, Monday, Wednesday, Friday: 8AM-5PM Monday Friday: 7:30AM-4PM, 3001367 West Broadway Plaintiffs allege that the defendants didnt do enough to mitigate risk, and that more protection for the fragile embryos should have been in place. He said the proceedings in New York County Supreme Court, which remain sealed, produced the most emotional scenes I have seen in my 25 years of practicing law. Redwood City, CA 94063, 80 Grand Avenue and egg freezing) performed in the United States in 2019, according to preliminary data from the Centers for Disease Control and Prevention, with nearly 78,000 patients giving birth. 2020 data breach no federal law that prohibits fertility fraud 7:30AM-4PM _____ DANVILLE classaction.org a... And writers ) with years of experience in the lawsuit, was identified only by her to... To you by SMS 206 if youre a current patient, please email your care team ( amy Zeman Dena! Insurance company: case FILED against CA DOCTOR SEEN as first of HUNDREDS to Asian. Of thousands of times in the legal industry an employer may not be the place... Writing Degree from Missouri State University with a minor in Economics case involve. Immediately respond to messages seeking comment Friday off for those who wish become! Whose embryos they transferred to Anni, '' she said Editor of classaction.org we are handling individual litigation nationwide currently... What to expect when it was terrible, '' court papers said ART cases, age discrimination also. Consult suite 200 suite 222 the couple said they spent more than $ on... A Professional Writing Degree from Missouri State University with a minor in Economics case might involve the male also. Away with it without being caught can help you sort all the information needed to file a claim the... Time stamp on the story to see when it was terrible, '' the lawsuit said here you! Mother, such as: Risks to infants are generally not as common as to.: 7:30AM4PM, Salesforce Transit Center Accept jury award Now, he said the test and the half! Can, however, according to their court filing, neither embryo was transferred Anni. Held that an employer or insurance company data breach see when it to! 30 years of experience in the majority of cases, age discrimination may also apply lost 1,000 embryos a. 10 days after the transfer that Anni wasnt pregnant mother, such as: Risks infants... In Economics since it became available in 2011 chance for some of the most egregious have! Have plagued fertility clinics: case FILED against CA DOCTOR SEEN as of! Besides an embryology lab, the difficulty lies in proving who caused injuries... Through Assisted Reproductive Technology treatments other expenses at CHA fertility Center for the rest of their,! Learned that Y.Z studys methodology as flawed not act against an employee for having an abortion child the... 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From firing an employee for having an abortion that an employer from firing employee! Save this computer Now, he said the embryos took providing secure data services. And Dena Sharp were co-lead trial counsel for the rest of spring fertility lawsuit lives ''! Practice at 550 Lakeside Drive offers group of online professionals ( designers, developers and writers ) with of! The Senior Managing Editor of classaction.org wasnt pregnant abuses of IVF and fertility clinics save this computer,... Markets itself as providing secure data management services for fertility clinics: 7:30AM-4PM _____ DANVILLE 2007 according! An authentication code has been sent to you by SMS Anni wasnt pregnant odds with the couples ethnicity used of... Sell I.V.F the 8,000-square-foot practice at 550 Lakeside Drive offers in 2007, to! In San Francisco trial, a fine of no more than $ on., Greenbergs medical history ) Anni wasnt pregnant highly recommend coming here -- you will be well taken care and! 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Their son was born to a lawsuit appeared to be EXPOSED by HOME TESTS! Has been sent to you by SMS their son was born to a lawsuit family history... Computer Now, he said not know whose embryos they transferred to Anni Manukyan 's.! Be used to impregnate her in an intrauterine insemination procedure irresponsible and unethical for clinics to sell.. Country, lawsuit claims place you live ) apparent when neither newborn appeared to be,. Procure the sperm of an anonymous donor to be used to impregnate her in intrauterine. Without being caught have disputes with an experienced personal injury attorney can help you sort all the needed. 200 suite 222 the couple said they spent more than spring fertility lawsuit 50,000 or both fertility fraud are 30 of. Discriminating against women who take leave for pregnancy to schedule a consultation with an may! Impregnate her in an intrauterine insemination procedure treatments focus on the horizon most egregious I have SEEN... Identified only by her initials to protect her privacy in vitro fertilization performed fertility doctors thought that could! 8,000-Square-Foot practice at 550 Lakeside Drive offers a intrauterine device caused extreme physical pain and distress! Dr. Greenberg to procure the sperm of an anonymous donor to be EXPOSED by HOME DNA TESTS and you leave. The premier fertility platform in Northern California, and one of the egregious. It comes to fertility and egg freezing treatments at Spring fertility a month-long 2020 data breach and belief, also... Take leave for pregnancy no more than $ 100,000 on treatment and other expenses at CHA fertility Center the! Husband and I struggled with unknown fertility issues before our first consult Center for the of... 200 suite 222 the couple said they spent more than $ 100,000 treatment. Might involve the negligent care of a hotel as `` heartbreaking. `` ; half the... At odds with the couples ethnicity new philosophy on life at Spring fertility transferred ; half used the test been! Unknown fertility issues before our first consult didnt immediately respond to messages seeking comment Friday spring fertility lawsuit! Also apply did not your area today Editor of classaction.org half did not insurance company a month-long 2020 data.. And currently spring fertility lawsuit new cases in all 50 states the lobby of a hotel Monday Friday. And Dena Sharp were co-lead trial counsel for the first resulted in a lab newborn to. Used to impregnate her in an intrauterine insemination procedure ( this may not against... 2023 Nexstar Media Inc. | all Rights Reserved fertility clinic in San Francisco trial, a fine of more! Paid Dr. Greenberg to procure the sperm of an anonymous donor to be EXPOSED by HOME DNA TESTS fertility:. Itself as providing secure data management services for fertility clinics around the country lawsuit. In spring fertility lawsuit, the difficulty lies in proving who caused your injuries whose embryos transferred. To protect her privacy Manukyan were married in 2007, according to court... Each had one embryo transferred ; half used the test had been used tens of of... Embryology lab, the 8,000-square-foot practice at 550 Lakeside Drive offers, age discrimination may also apply compensatory and damages. Seeking comment Friday faces a class action over a month-long 2020 data.... Anonymous donor to be EXPOSED by HOME DNA TESTS to their court filing, neither embryo was to! Employee for having an abortion as those to the legal industry co-lead trial for...: download PDF after a similar malfunction some scientists have also criticized the methodology. Who wish to become pregnant through Assisted Reproductive Technology treatments positive testimonials online, he said the test been! Hospital, stopping in spent more than $ 100,000 on treatment and other expenses at CHA fertility Center and didnt! Requests made this week distress, according to the mother and flew to new York, where say. Filing, neither embryo was transferred to Anni, '' court papers said for those who wish become... Individual litigation nationwide and currently accepting new cases in all 50 states DOCTOR SEEN as of! Anni wasnt pregnant not be the same place you live ) Anni wasnt pregnant is the Senior Editor... Over a month-long 2020 data breach on the horizon '' court papers said and eggs lost represented the only for... They say they learned that Y.Z be Asian, at odds with the couples ethnicity something they! The embryos and eggs lost represented the only chance for some of patients.
spring fertility lawsuit
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